HOUSE
3rd Reading Unamended
July 7, 2006 HOUSE
Amended 2nd Reading
July 6, 2006First Extraordinary Session
Sixty-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 06B-2073.02 Kristen Forrestal HOUSE BILL 06S-1017
HOUSE SPONSORSHIP
Solano, and Paccione
SENATE SPONSORSHIP
Bacon,
House Committees
Senate Committees
Business Affairs and Labor
Appropriations
A BILL FOR AN ACT
Concerning documentation by an employer that
demonstrates compliance with federal employment
verification requirements, and making an appropriation
in connection therewith.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires each employer in Colorado to attest that the employer has
verified the legal work status of each employee, that the employer has not
altered or falsified the employee's identification documents, and that the
employer has not knowingly hired an unauthorized alien.
Requires each employer in Colorado to submit documentation to
the director of the division of labor within the department of labor and
employment that demonstrates that the employer is in compliance with
federal employment verification requirements. Authorizes the director to
conduct random audits of employers to ensure compliance with the
federal laws. Requires the director to request documentation if the
director receives a valid complaint that an employer is not in compliance
with federal law. Subjects an employer to a fine for the failure to provide
documentation or for the provision of fraudulent documentation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 2 of title 8, Colorado Revised
Statutes, is amended BY THE ADDITION A NEW SECTION to read:
8-2-122. Employment verification requirements - quarterly
report - audits - fine for fraudulent documents - definitions. (1) As
used in this section, unless the context otherwise requires:
(a) "Director" means the director of the division.
(b) "Division" means the division of labor in the
department of labor and employment.
(c) "Employer" means a person or entity that:
(I) Transacts business in Colorado;
(II) At any time, employs another person to perform
services of any nature; and
(III) Has control of the payment of wages for such
services or is the officer, agent, or employee of the person or
entity having control of the payment of wages.
(d) "Unauthorized alien" has the same meaning as set
forth in 8 U.S.C. sec. 1324a (h) (3).
(2) Each employer in Colorado shall attest that the
employer has verified the legal work status of each employee
and has retained file copies of the documents required by 8
U.S.C. sec. 1324a; that the employer has not altered or falsified
the employee's identification documents; and that the employer
has not knowingly hired an unauthorized alien. The employer
shall keep a written copy of the attestation, and of the
documents required by 8 U.S.C. sec. 1324a, for the term of
employment of each employee.
(3) Upon the request of the director, an employer shall
submit documentation to the director that demonstrates that
the employer is in compliance with the employment verification
requirements specified in 8 U.S.C. sec. 1324a (b) and
documentation that the employer has complied with the
requirements of subsection (2) of this section. The director or
the director's designee may conduct random audits of employers
in Colorado to obtain the documentation. Upon receipt of any
credible complaint that an employer has not complied with the
employment verification requirements, the director shall
request the employer to submit the documentation.
(4) An employer who fails to submit the documentation
required by this section, or who submits documentation
that the employer knows or reasonably should have known is
false or fraudulent, shall be subject to a fine of not more than
five thousand dollars for the first offense and not more than
twenty-five thousand dollars for the second and any
subsequent offense. The moneys collected pursuant to this
subsection (4) shall be deposited in the employment verification
cash fund, which is hereby created. The moneys in the fund shall
be appropriated to the department of labor and employment for
the purpose of implementing, administering, and enforcing this
section. The moneys in the fund shall remain in the fund and not
revert to the general fund or any other fund at the and of any
fiscal year.
(5) (a) No employer shall initiate or administer any
disciplinary action against an employee on account of the
employee's disclosure of information. This paragraph (a) shall
not apply to an employee who discloses information that the
employee knows to be false or who discloses information with
disregard for the truth or falsity thereof or an employee who
discloses information which is confidential under any other
provision of law.
(b) As used in this article, unless the context otherwise
requires:
(I) "Disciplinary action" means any direct or indirect form
of discipline or penalty, including, but not limited to, dismissal,
demotion, transfer, reassignment, suspension, corrective action,
reprimand, admonishment, unsatisfactory or below standard
performance evaluation, reduction in force, or withholding of
work, or the threat of any such discipline or penalty.
(II) "Disclosure of information" means a report to the
department of labor and employment pursuant to subsection (3)
of this section that an employer has not complied with
subsection (1) this section.
SECTION 2. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
employment support fund created in section 8-77-109, Colorado Revised
Statutes, not otherwise appropriated, to the department of labor and
employment, for allocation to the division of labor, for the fiscal year
beginning July 1, 2006, the sum of one hundred ten thousand four
hundred forty-seven dollars ($110,447) and 2.0 FTE, or so much thereof
as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby
appropriated, out of any moneys in the employment support fund created
in section 8-77-109, Colorado Revised Statutes, not otherwise
appropriated, to the department of labor and employment, for allocation
to the executive director's office, for legal services, for the fiscal year
beginning July 1, 2006, the sum of three thousand two hundred
twenty-three dollars ($3,223), or so much thereof as may be necessary, for
the implementation of this act.
(3) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning
July 1, 2006, the sum of three thousand two hundred twenty-three dollars
($3,223), or so much thereof as may be necessary, for the provision of
legal services to the division of labor in the department of labor and
employment related to the implementation of this act. Said sum shall be
from cash funds exempt received from the division of labor in the
department of labor and employment out of the appropriation made in
subsection (2) of this section.
SECTION 3. Effective date - applicability. This act shall take
effect upon passage and shall apply to employees hired on or after
January 1, 2007.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.